The Former Prosecutor of Wall Township Is Ready To Represent You
When an individual is found in possession of a controlled dangerous substance (“CDS”) while operating a motor vehicle in Wall New Jersey, they are exposed to a serious traffic offense. This violation is a separate offense from a criminal charge for possession of marijuana, heroin, cocaine, prescription drugs or another form of CDS. If you were issued a summons or ticket for possession of cds in a motor vehicle, enlisting the services of a skilled attorney is certainly your best option for insuring success. The lawyers on the staff of The Law Offices of Jonathan F. Marshall include two lawyers who formerly served as prosecutors in Wall Township and a team with over a century practicing in this and other jurisdictions in Monmouth County, including the Superior Court. To obtain an immediate consultation without obligation, call our Office in Wall at 732-449-2292. Attorneys are ready around the clock to assist you.
Possession of CDS in a Motor Vehicle Charge in Wall New Jersey
The traffic violation we are discussing is set forth at N.J.S.A. 39:4-49.1. An individual violates this motor vehicle law if they operate a motor vehicle while in knowing possession of CDS which has not be obtained in accordance with a valid prescription. Just about any type of drug can trigger this charge when it is possessed illegally including 50 grams or less of marijuana, cocaine, Xanax, Oxycodone, Suboxone, heroin and MDMA.
- Elements of Proof Under 39:4-49.1. In order to secure a conviction for a ticket under 39:4-49.1 in Wall Township Municipal Court, the prosecutor must prove that you: (1) were the operator of a car, truck, motorcycle or other variety of motor vehicle; (2) while possessing some form of drug; and (3) you did not possess a valid prescription for the CDS.
- Penalties for Possession of CDS in a Motor Vehicle. If you possessed marijuana in a motor vehicle or any other drug in Wall, you face penalties that are just about as extreme as they get under the New Jersey Motor Vehicle Code. There is a two year mandatory driver’s license suspension that must be imposed upon conviction for possession of cds in a motor vehicle. You should also know that since this is motor vehicle violation and is a separate offense to one for criminal possession of cds or drug paraphernalia, the conditional discharge does not automatically apply in this context. It is a matter of discretion on the part of the prosecutor as to whether this merges with the conditional discharge. This is but one more reason why it is important to have a knowledge defense lawyer who is familiar with the municipal court in Wall at your side.
Wall Township Possession of CDS in a Motor Vehicle Defense Lawyer
If should be extremely clear to you that hiring a Wall NJ Criminal Defense Lawyer to defend your possession of cds in a motor vehicle offense is the right move. An attorney who has considerable skill in this area of law, as well as experience with the court system in Wall Township, is obviously going to be your best bet in this regard. The lawyers at The Law Offices of Jonathan F. Marshall have these qualifications and even include two who have served as prosecutor in Wall Municipal Court. For a free consultation with one of the attorneys to discuss all of the details of your case and options for defending the charge, call 732-449-2292. Attorneys are ready to provide the counsel you require and this service is provided without obligation.
Additional Wall New Jersey Legal Resources You Can Browse
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